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Kaunas District Court in 2020 April 10 In her 2018 judgment, Aida Statkevičiūtė was found guilty on July 31 At approximately 2:40 p.m., while driving, she violated the requirements of paragraphs 30 and 129 of the Road Traffic Rules by exceeding the maximum speed allowed in the settlement, driving at a speed not determined during the pre-trial investigation, but not less than 56 km / h and not more than 68 km / h, When approaching an unregulated crosswalk, the second lane he did not slow down, did not stop in front of the “Pedestrian crossing” traffic sign, did not get lost on the right, depending on the direction of travel of the car he was driving, pedestrian crossed, overwhelmed and injured died.
The defendant admitted that he had exceeded the speed limit and had not stopped in front of the “Pedestrian crossing” traffic sign, but assured that the pedestrian had behaved in a reckless manner.
The defendant admitted that he had exceeded the speed limit and had not stopped in front of the “Pedestrian crossing” traffic sign, but assured that the pedestrian had behaved in a reckless manner.
Despite the victim’s irresponsible and unsafe behavior, the district court ruled that it was Audi’s actions to drive over the speed limit and approach a crosswalk, the visibility of which was blocked by a bus in the first lane, which slowed down. crashed the pedestrian into the crossing at that time; was the main condition for the increase in this traffic accident.
The Kaunas District Court sentenced the defendant to three years in prison, postponing his execution for two years, forcing A. Statkevičiūtė to work (study), continue his work or education, not to leave the place of residence (city) without the permission of the institution that supervises the convicted person. . It also imposed a criminal sanction prohibiting the exercise of the special right to drive road vehicles for three years, and decided to transfer the car driven by the accused to a civil action.
The Court of First Instance partially upheld the civil actions, awarding 20,000 euros in moral damages to the parents of the victim, 7,000 euros in moral damages to the victim’s brother, 5,000 euros in moral damages to AB’s brother, 5,000 euros in concept of moral damage to the victim’s grandmother. to damage.
The civil claims of the three victims – the father’s sister, the mother’s cousin and the grandmother’s sister – were dismissed by the trial court without serious health consequences or particularly serious inconvenience and experiences.
The defendant A.Statkevičiūtė must also reimburse the victim EB for the costs of the proceedings in the amount of 1,512.30 euros, and the civil defendant, 2,883.47 euros for property damage.
On appeal, the attorney representing victims JB, SS, AB, LK, TB, SS, VL, ML requested to change the 2020 decision of the Kaunas District Court from the Kaunas District Court. April 10 sentence: eliminate from the sentence the fact that the victim was running through the crossing, thus being negligent and contributing to the occurrence of this traffic accident; admit that the convict used a mobile phone during the incident and did not take all necessary steps to help the victim after the incident; did not call an ambulance; increase the amounts of moral damages awarded to the victims and fully compensate the material damages suffered by the victims, and impose a more severe punishment.
The convicted person and her defense requested that the appeal be dismissed. Basically, the prosecutor confirmed the appeals for moral damages and the removal of the victim’s sentence due to the fact that the victim had crossed the crossing.
After examining this criminal case, the panel of judges dismissed the appeal.
The panel of judges found that witness testimony and other evidence in the case confirmed the fact that the victim had run across a crosswalk, so there was no reason to eliminate this circumstance.
The panel of judges ruled that there was no reason to admit that the convict had used a mobile phone during the incident and had not taken all the necessary measures to help the deceased after the incident, as the official report indicated that at 2: 27 p.m. Internet data was received on the prisoner’s mobile phone, but this is not confirmed by the fact that the prisoner spoke on the phone during the incident, as incoming Internet data traffic does not necessarily mean that it is being maintained a conversation. There is no objective evidence in the file, without prejudice to the subjective opinion expressed in the appeal, that supports this fact.
The driver tried to call an ambulance after the accident, but was unable to do so due to a strong shock.
The panel of judges concluded that, contrary to what was stated in the appeal, the record confirms that the defendant tried to call an ambulance after the traffic accident, but did not do so due to the severe shock he suffered. In addition, the inmate took a pharmacy out of his car after the traffic accident, so the totality of the circumstances testifies that the inmate was not indifferent to the painful accident, he did not leave the place, he tried to call an ambulance to help the injured .
The panel of judges also concluded that the court of first instance had taken into account and adequately evaluated the relevant circumstances for the sentence, which characterize both the personality of the convicted person and the seriousness of the crime, for which reason it does not agree with the conclusion of the district court on legal basis. The mere fact that the appeal indicates that the convicted person should have been sentenced to a more severe punishment does not provide any reason to increase the punishment imposed on A. Statkevičiūtė by the court of first instance.
The panel of judges concluded that the court of first instance had adequately resolved the issue of compensation for pecuniary and non-pecuniary damage.
The ruling takes effect on the day of its announcement, noted in the announcement made on Wednesday by Milda Bučnytė, Assistant to the President of the Kaunas Regional Court (for relations with the media and the public).
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